Trial and Sentencing of Youth as Adults in the Illinois ...ijjc.illinois.gov/sites/ijjc.illinois.gov/files... · (2013), the indiscriminate trial of youth as adults fails to take

Trial and Sentencing of Youth as Adults in the Illinois Justice

System: Transfer Data Report

MARCH 2020

Illinois Juvenile Justice Commission

http://ijjc.illinois.gov/

Table of Contents Introduction and Methodology ...................................................................................................... 3

Acknowledgment ........................................................................................................................ 5 Statewide Data Reports .................................................................................................................. 6

2016 Juvenile Transfer Motion Updates ..................................................................................... 6

2016-2017 Comparison Data ...................................................................................................... 7 Illinois Juvenile Transfers at a Glance (Geographic) ................................................................... 8

Demographics for All Proceedings Calendar Year 2017 ............................................................. 9

Charges by Gender Calendar Year 2017 ................................................................................... 10

Charges by Age Calendar Year 2017 ......................................................................................... 11

Charges by Race Calendar Year 2017........................................................................................ 12

Charges by Ethnicity Calendar Year 2017 ................................................................................. 13

Charges by County Calendar Year 2017 .................................................................................... 14 Motions Type Data ........................................................................................................................ 15

Excluded Jurisdiction (“Automatic “) Transfers Calendar Year 2017........................................ 15

Motions to Transfer Calendar Year 2017 .................................................................................. 16

Extended Juvenile Jurisdiction Motions Calendar Year 2017 ................................................... 17

Habitual Juvenile Offender Motions Calendar Year 2017 ........................................................ 18

Violent Juvenile Offender Motions Calendar Year 2017 .......................................................... 19 County Data Reports ..................................................................................................................... 20

Adams County ........................................................................................................................... 20

Champaign County .................................................................................................................... 21

Cook County .............................................................................................................................. 22

DeKalb County ........................................................................................................................... 25

DuPage County .......................................................................................................................... 26

Henry County ............................................................................................................................ 27

Jackson County .......................................................................................................................... 28

Kane County .............................................................................................................................. 29

Kankakee County ...................................................................................................................... 30

Knox County .............................................................................................................................. 31

Lake County ............................................................................................................................... 32

Macon County ........................................................................................................................... 33

Madison County ........................................................................................................................ 34

McLean County ......................................................................................................................... 35

Peoria County ............................................................................................................................ 36

Saline County ............................................................................................................................ 37

Sangamon County ..................................................................................................................... 38

St. Clair County .......................................................................................................................... 39

Vermilion County ...................................................................................................................... 41

Whiteside County...................................................................................................................... 42

Will County ................................................................................................................................ 43

Winnebago County ................................................................................................................... 44

Woodford County ..................................................................................................................... 46 Appendix A …………………………………………………………………………………………………………………………….. 47

Introduction and Methodology

This is the second report prepared by the Illinois Juvenile Justice Commission1, as required by the Illinois Juvenile Court Act, to provide statewide data on the transfer of youth to adult courts and related court actions to impose adult sentencing provisions on certain youth. It contains data reported for Calendar Year 2017.2

Effective January 2016, the Illinois General Assembly significantly scaled back trial of youth as adults in adult criminal courts in Public Act 99-0258.3 In enacting these provisions, the General Assembly relied on a strong and growing body of research and data indicating that processing and punishing youth like adults harms young people and undermines public safety and community well-being.

As discussed in the Illinois Juvenile Justice Commission’s report Raising the Age of Juvenile Court Jurisdiction4 (2013), the indiscriminate trial of youth as adults fails to take into account developmental factors like impulsivity, vulnerability to peer pressure, attraction to risk-taking and underdeveloped decision-making skills. These well-established developmental traits render adolescents less culpable for their behavior. At the same time, developmental immaturity makes young people highly responsive to positive, rehabilitative supports and interventions. National research also indicates that trial of youth as adults does not effectively deter juvenile crime and may in fact produce higher rates of offending and recidivism. In enacting Public Act 99-0258, the General Assembly has taken steps to more closely align Illinois law with this research and data.

In addition to modifying criteria and processes for transferring youth to adult criminal court, the Act also recognizes the need for current and complete statewide data regarding transfers and related court actions. Prior to the legislation, there was no state-wide repository for information regarding the transfer and trial of youth as adults5, the imposition of adult sentences pursuant to “extended juvenile jurisdiction” provisions (EJJ)6 or designation of youth as “habitual”7 or

1 The Illinois Juvenile Justice Commission serves as the federally mandated State Advisory Group to the Governor, General Assembly and the Illinois Department of Human Services. See 20 ILCS 505/17a-5. 2 The first annual data report, published in 2018, is available at http://ijjc.illinois.gov/sites/ijjc.illinois.gov/files/assets/Juvenile%20Transfers%20CY2016%20Report_FINAL.pdf 3 The Act repeals provisions for the transfer of youth ages 15 and under to adult court, limits other “automatic transfers” and expands judicial discretion in transfer decisions for 16 and 17 year olds, except for those charged with first degree murder, aggravated criminal sexual assault or aggravated battery with a firearm. The statute also establishes factors a judge may take into consideration when sentencing a person under 18, including maturity, presence of a developmental disability, home environment, trauma, prior criminal activity (if any) and potential for rehabilitation. (Public Act 99-0258; effective January 2016.) 4 http://ijjc.illinois.gov/rta 5 750 ILCS 405/5-130 and 750 ILCS 405/5-805 6 750 ILCS 405/5-810 7 750 ILCS 405/5-815

Page 3 of 48

“violent”8 juvenile offenders (HJO or VJO status). Each of these mechanisms can trigger adult approaches to the trial and sentencing of youth. To address this information gap, the Act created a data reporting provision which requires Circuit Court Clerks to track and report information twice annually on the filing and disposition of these proceedings. 9 The Act required the Illinois Juvenile Justice Commission to develop “the standards, confidentiality protocols, format, and data depository” for these reports.10 An explanatory text of the types of motions and proceedings this report covers can be found in Appendix A.

To fulfill this mandate, the Commission and its research partners at the University of Illinois Center for Prevention Research and Development and Loyola University’s Center for Criminal Justice Research, Policy and Practice developed standardized data collection forms designed for use by Circuit Court Clerks in collecting and reporting this data. In the initial reporting period, the Commission also sought and benefitted greatly from dialogue and collaboration with the Illinois Association of Court Clerks and the Administrative Office of the Illinois Courts to develop and test data collection forms and mechanisms.

In developing these forms and reporting protocols, practitioners recognized that the statute requires collection of information that no single criminal justice stakeholder – prosecutor, defender, probation department or Circuit Court Clerk, for example – has readily available in all cases. Thus, meeting the statutory mandates has required collaboration among justice system stakeholders and development of new methods for gathering case-level data.

This report reflects the data reported for Calendar Year 2017 and presents that information in three ways:

● The first section provides aggregated, statewide data on all proceedings to try youth asadults or apply Extended Juvenile Jurisdiction, Violent Juvenile Offender and / or HabitualJuvenile Offender provisions.

● The second section provides more detailed information on each of these categories(Excluded Jurisdiction proceedings, motions to transfer, motions for Extended JuvenileJurisdiction proceedings and motions for Violent Juvenile Offender or Habitual JuvenileOffender designations).

● The third section provides county-level information for those counties reportingproceedings in one or more of these categories.

8 750 ILCS 405/5-820 9 See 705 ILCS 405/5-822 10 Statewide transfer data will also facilitate Illinois’ compliance with the federal Juvenile Justice and Delinquency Prevention Act requirement for states to gather and report juvenile justice / criminal justice data at nine key decision points, including trial of youth as adults.

Page 4 of 48

In reviewing this report, stakeholders should note that, while the statute requires reporting of victim and case disposition information, data reporting has not been complete or consistent enough to include in the reports. Information reported on race and ethnicity was also not detailed or consistent, with large numbers of youth categorized as “other race” or “unknown.” Finally, it should be noted that youth may be subject to multiple proceedings and / or charges. Therefore, the number of proceedings or charges listed may exceed the number of youth in some data tables. Where relevant, case information and individual youth information is presented. Gathering and reporting the required information was complex and challenging for all involved – the research team, Commission staff, Circuit Court Clerks and other state and local partners. However, the diligence and collaboration exhibited by these stakeholders has yielded unprecedented statewide information about youth subject to transfer and trial as adults in Illinois. This information can provide valuable information to policy makers and practitioners who seek to protect community safety, use resources wisely and improve outcomes for the youth and families of our state. This report is submitted by the Illinois Juvenile Justice Commission in partnership with the Center for Prevention Research and Development at the University of Illinois and the Loyola University Chicago Center for Criminal Justice Research, Policy and Practice in fulfillment of the Commission’s mandate in Public Act 99-0258.

Acknowledgements

A special appreciation is extended to the various Circuit Clerks, State’s Attorneys and Public

Defenders across Illinois for providing data on filed motions to transfer youth to adult court.

Collecting this type of case level data poses varying degrees of complexity depending upon the

size and resources of the reporting agencies. There is no one system or database which

contains this data. Often times collecting and verifying this data requires multiple contacts to

Circuit Clerks and State’s Attorneys. Only through the collaboration of these agencies, their

hard work and due diligence in collecting this data is this report possible.

Page 5 of 48

5-130 Excluded Jurisdiction Cook 16 Year-Olds17 Year-Olds

5-805 Motion for Transfer Lake 17 Year-OldsPeoria 17 Year-OldsSaline 17 Year-OldsSangamon 14 Year-OldsVermilion 17 Year-OldsWoodford 16 Year-Olds

Youth Total

1312

21311134

# Youth by Age

5-130ExcludedJurisdiction

Cook 16 Year-Olds Agg. BatteryAgg. Criminal Sexual AssaultFirst Degree MurderHome Invasion

17 Year-Olds First Degree Murder5-805 Motionfor Transfer

Lake 17 Year-Olds Agg. Vehicular HijackingBurglary

Peoria 17 Year-Olds Unlwfl. Poss. Weap. by Street Gang ..Saline 17 Year-Olds Agg. Battery

Home InvasionSangamon14 Year-Olds Agg. BatteryVermilion 17 Year-Olds Agg. BatteryWoodford16 Year-Olds Burglary

Crim. Tres. to Resid.Thft. of Mtr. Veh. Parts/Accessor.

Charges Total

1471

14

11

1

14

11

112

40

# Charges by Age

2016 Juvenile TransferMotion Updates

During the reporting cycle forcalendar year 2017 a total ofseven Illinois counties reportedjuvenile transfer cases that hadbeen filed in previous reportingyear. These six countiesreported 34 youth with a grandtotal of 40 motions to transfera juvenile to adult court. Forthe calendar year 2016, a totalof 100 youth and 124 juveniletransfer motions werereported. These newlyreported cases bring theamended total to 134 youthand 164 juvenile transfermotions.

Motions5-805 Motion for Transfer5-130 Excluded Jurisdiction5-810 Extended Jurisdiction5-820 Violent Offender5-815 Habitual Offender

40.97%

22.92%

17.36%

11.81%

6.94%

Juvenile Transfer Motions FiledCalendar Year 2017:

144

2017 Juvenile Transfer Motion Type Comparison

Page 6 of 48

NOTE: Individual youth may be subject to multiple proceedings and/or charges. Therefore, the number of proceedings and/or charges may exceed the number of youth in some data tables.

13 YearOlds

14 YearOlds

15 YearOlds

16 YearOlds

17 YearOlds

18 YearOlds

20YearOlds

4 2

105

2327

3531

65

50

1 1 1

Youth by Age by Year

2016-2017 Comparison Data

These graphs depict a year by year comparisonof motion types, youth age and youth gender for2016-2017. The figure to the right providesbreakdown of the five difference motion typesby year. The figure at the bottom left providesa breakdown of the age of the youth and thefigure at the bottom right provides a breakdownof gender.

2016 2017

Motion Type 2016 20175-130 Excluded Jurisdiction5-805 Motion for Transfer5-810 Extended Jurisdiction5-815 Habitual Offender5-820 Violent OffenderGrand Total 129

1710255933

1641612187050

Motion Type by Year

5-130ExcludedJurisdiction

5-805Motion forTransfer

5-810ExtendedJurisdiction

5-815HabitualOffender

5-820ViolentOffender

50

33

70

59

18

25

12 10

16 17

Motion Type by Year

Female Male

7 6

127

113

Youth by Gender by Year

Page 7 of 48

Page 8 of 48

13 Year-Olds14 Year-Olds15 Year-Olds16 Year-Olds17 Year-Olds18 Year-Olds

1027

3150

2

1

# Youth by Age

95%

5%

Gender

12%

39%12%

33%5%1%

Race

57%

35%

8%

Ethnicity

Total Distinct Youth: 119

Demographics for all Proceedings Calendar Year 2017

FemaleMaleGrand Total 119

1136 Black/ Afr Amer.UnknownBlackWhiteOtherMulti-RacialGrand Total 119

1614143946 Non-Hispanic

UnknownHispanicGrand Total 119

94268

UnknownHispanicNon-Hispanic

FemaleMale

UnknownBlackBlack/ Afr ..Multi-RacialOther

White

Page 9 of 48


First Degree MurderInvoluntary ManslaughterAgg. Domestic BatteryTotal Female Youth

321

6

Female Youth by Charges

FemaleMale

Total Youth123129

6

# Charges by Gender

Charges by Gender Calendar Year 2017

First Degree MurderArmed Robbery

Agg. Vehicular HijackingAgg. Battery

Agg. Crim. Sex. AssaultAgg. Robbery

Agg. Unlwfl. Use of Weap.Robbery

Agg. Crim. Sex. AbuseAgg. Discharge of a Fir.

Agg. KidnappingAgg. Poss. of Stolen Fir.

Home InvasionManuf. of Con. Sub.Residential Burglary

Theft of MV Parts or Accessor.Unlwfl. Poss. Weap. St. Gang ..

Animal TortureArmed ViolenceAttmpt. Murder

BurglaryCrim. Sexual Aslt.

Disarming Off. or Corr. Emp.Domestic Battery

Escape - Failure to ReportInvoluntary Manslaughter

Poss. of Stolen Fir.Pred. Crim. Sex. Aslt of a ChildUnlwfl. Poss. of Firearms & Fir..

Unlwfl. Use of Weap.Total Male Youth 123

342211964432222222221111111111111

Male Youth by Charges

Page 10 of 48


Agg. Crim. Sex. AbuseArmed RobberyAge Group Total

112

13 Year Olds

Armed RobberyAgg. Crim. Sex. AssaultFirst Degree MurderAgg. Unlwfl. Use of Weap.Agg. Vehicular HijackingPoss. of Stolen Fir.Unlwfl. Poss. Weap. St. Gang Mbr.Age Group Total 10

3221111

14 Year Olds

First Degree MurderAgg. Vehicular HijackingAgg. Crim. Sex. AssaultArmed RobberyResidential BurglaryAgg. RobberyAgg. Unlwfl. Use of Weap.BurglaryCrim. Sexual Aslt.RobberyAge Group Total

14

28

322211111

15 Year Olds

First Degree MurderAgg. BatteryArmed RobberyAgg. Unlwfl. Use of Weap.Agg. Poss. of Stolen Fir.Unlwfl. Use of Weap.Unlwfl. Poss. Weap. St. Gang Mbr.RobberyInvoluntary ManslaughterAttmpt. MurderArmed ViolenceAgg. Vehicular HijackingAgg. RobberyAgg. KidnappingAgg. Discharge of a Fir.Agg. Crim. Sex. AssaultAge Group Total

12

33

422211111111111

16 Year Olds

Armed RobberyFirst Degree MurderAgg. Vehicular HijackingAgg. BatteryAgg. RobberyHome InvasionInvoluntary ManslaughterManuf. of Con. Sub.Theft of MV Parts or Accessor.Agg. Crim. Sex. AssaultAgg. Discharge of a Fir.Agg. Domestic BatteryAgg. KidnappingAnimal TortureDisarming Off. or Corr. Emp.Domestic BatteryEscape - Failure to ReportPred. Crim. Sex. Aslt of a ChildRobberyUnlwfl. Poss. of Firearms & Fir. Ammo.Age Group Total

14

55

9652222211111111111

17 Year Olds

Agg. Crim. Sex. AbuseAge Group Total

11

18 Year Olds

13 Year-Olds14 Year-Olds15 Year-Olds16 Year-Olds17 Year-Olds18 Year-OldsGrand Total 129

102833

55

2

1

# Charges by Age

Charges by Age Calendar Year 2017

Page 11 of 48


First Degree MurderAgg. BatteryAgg. Crim. Sex. AssaultAgg. Vehicular HijackingRacial Group Total

31116

Other Race

First Degree MurderAgg. Crim. Sex. AbuseInvoluntary ManslaughterAgg. KidnappingAnimal TortureArmed ViolencePred. Crim. Sex. Aslt of a ChildRacial Group Total

622111114

White

First Degree MurderArmed RobberyAgg. Vehicular HijackingAgg. Unlwfl. Use of Weap.Agg. RobberyRobberyHome InvasionManuf. of Con. Sub.Residential BurglaryRacial Group Total

14117322111

42

Unknown Race

Black/ Afr Amer.UnknownBlackWhiteOther

Multi-RacialGrand Total 129

5242

161461

# Charges by Race

Armed RobberyAgg. BatteryFirst Degree MurderAgg. Crim. Sex. AssaultAgg. Vehicular HijackingAgg. Discharge of a Fir.Agg. Poss. of Stolen Fir.Agg. RobberyTheft of MV Parts or Accessor.Unlwfl. Poss. Weap. St. Gang Mbr.Agg. Domestic BatteryAgg. Unlwfl. Use of Weap.Attmpt. MurderBurglaryCrim. Sexual Aslt.Disarming Off. or Corr. Emp.Domestic BatteryHome InvasionManuf. of Con. Sub.Poss. of Stolen Fir.Residential BurglaryRobberyUnlwfl. Poss. of Firearms & Fir. Ammo.Racial Group Total

116643222221111111111111

52

Black/African American

Escape - Failure to ReportRacial Group Total

11

Multi-Racial

Charges by Race Calendar Year 2017

Page 12 of 48


Charges by County Calendar Year 2017

Adams Pred. Crim. Sex. Aslt of a ChildCounty Total

Champai..Agg. BatteryAgg. Unlwfl. Use of Weap.Residential BurglaryCounty Total

Cook First Degree MurderArmed RobberyAgg. BatteryAgg. Vehicular HijackingAgg. Crim. Sex. AssaultAgg. Unlwfl. Use of Weap.Involuntary ManslaughterRobberyAgg. KidnappingAgg. RobberyResidential BurglaryUnlwfl. Use of Weap.County Total

DeKalb Disarming Off. or Corr. Emp.Domestic BatteryManuf. of Con. Sub.County Total

DuPage Attmpt. MurderCounty Total

Henry Animal TortureCounty Total

Jackson Escape - Failure to ReportCounty Total

Kane Armed RobberyAgg. BatteryRobberyCounty Total

KankakeeAgg. BatteryUnlwfl. Poss. of Firearms & Fir. Am..County Total

Knox Agg. Crim. Sex. AssaultCounty Total

Lake First Degree MurderAgg. BatteryAgg. Crim. Sex. AssaultInvoluntary ManslaughterAgg. Crim. Sex. AbuseCounty Total

11

3111

5711222131721124

3111

11

11

11

5131

211

11

712211

Macon Agg. Vehicular HijackingCounty Total

Madison First Degree MurderCounty Total

McLean Agg. Discharge of a Fir.County Total

Peoria Armed RobberyUnlwfl. Poss. Weap. St. Gang Mbr.County Total

Saline First Degree MurderHome InvasionCounty Total

Sangamon First Degree MurderUnlwfl. Poss. Weap. St. Gang Mbr.Agg. BatteryAgg. Domestic BatteryArmed ViolenceManuf. of Con. Sub.Poss. of Stolen Fir.County Total

St. Clair First Degree MurderArmed RobberyAgg. Vehicular HijackingAgg. Poss. of Stolen Fir.Agg. RobberyTheft of MV Parts or Accessor.County Total

Vermilion First Degree MurderHome InvasionCounty Total

Whiteside First Degree MurderCounty Total

Will Armed RobberyCounty Total

Winnebago First Degree MurderAgg. Crim. Sex. AssaultAgg. Crim. Sex. AbuseCrim. Sexual Aslt.County Total

Woodford BurglaryCounty Total

11

11

22

615

413

61111111

13222313

211

22

44

51121

11

State Total Charges: 129

Page 13 of 48


First Degree MurderArmed RobberyAgg. Vehicular HijackingAgg. Unlwfl. Use of Weap.Agg. RobberyRobberyAnimal TortureAttmpt. MurderBurglaryDisarming Off. or Corr. E..Domestic BatteryHome InvasionResidential BurglaryEthnicity Group Total

131183221111111

46

Unknown Ethnicity

HispanicNon-HispanicUnknown

Grand Total 129

7446

9

# Charges by Ethnicity

First Degree MurderAgg. BatteryAgg. Crim. Sex. AssaultAgg. Vehicular HijackingManuf. of Con. Sub.Ethnicity Group Total

511119

Hispanic

First Degree MurderArmed RobberyAgg. BatteryAgg. Crim. Sex. AssaultInvoluntary ManslaughterAgg. Crim. Sex. AbuseAgg. Discharge of a Fir.Agg. KidnappingAgg. Poss. of Stolen Fir.Agg. RobberyAgg. Vehicular HijackingTheft of MV Parts or Accessor.Unlwfl. Poss. Weap. St. Gang Mbr.Agg. Domestic BatteryAgg. Unlwfl. Use of Weap.Armed ViolenceCrim. Sexual Aslt.Escape - Failure to ReportHome InvasionManuf. of Con. Sub.Poss. of Stolen Fir.Pred. Crim. Sex. Aslt of a ChildResidential BurglaryRobberyUnlwfl. Poss. of Firearms & Fir. Ammo.Unlwfl. Use of Weap.Ethnicity Group Total

1911853222222221111111111111

74

Non-Hispanic

Charges by Ethnicity Calendar Year 2017

Page 14 of 48


First Degree MurderAgg. BatteryAgg. Crim. Sex. AssaultAgg. Crim. Sex. AbuseAgg. KidnappingInvoluntary ManslaughterPred. Crim. Sex. Aslt of a ChildUnlwfl. Use of Weap.

175422111

Charges

13 Year-Olds14 Year-Olds15 Year-Olds16 Year-Olds17 Year-Olds18 Year-Olds

1414

111

1

# Youth by Age

Total 5-130 Excluded Jurisdiction: 33

100%

Gender

44%

25%

13%

19%

3%

Race

19%

81%

Ethnicity

5-130 Excluded Jurisdiction Calendar Year 2017

Non-HispanicHispanicGrand Total 32

626Male

Grand Total 3232 Black

WhiteBlack/ Afr Amer.OtherUnknownGrand Total 32

146814

Male HispanicNon-Hispanic

UnknownBlackBlack/ Afr Amer.OtherWhite

Page 15 of 48


First Degree MurderArmed RobberyAgg. Discharge of a Fir.Agg. Vehicular HijackingHome InvasionInvoluntary ManslaughterManuf. of Con. Sub.Theft of MV Parts or Accessor.Unlwfl. Poss. Weap. St. Gang Mbr.Agg. BatteryAgg. Crim. Sex. AssaultAgg. Domestic BatteryAgg. RobberyAgg. Unlwfl. Use of Weap.Armed ViolenceAttmpt. MurderBurglaryDisarming Off. or Corr. Emp.Domestic BatteryEscape - Failure to ReportPoss. of Stolen Fir.Residential BurglaryUnlwfl. Poss. of Firearms & Fir. Ammo.

1814

222222211111111111111

Charges

13 Year-Olds14 Year-Olds15 Year-Olds16 Year-Olds17 Year-Olds

17

23

15

9

# Youth by Age

Total 5-805 Motion for Transfer: 59

89%

11%

Gender

53%

32%

9%4%

Race

38%

6%

57%

Ethnicity

Non-HispanicUnknownHispanicGrand Total 53

32030Male

FemaleGrand Total 53

647 Black/ Afr Amer.

UnknownWhiteOtherMulti-RacialGrand Total 53

1251728

FemaleMale

UnknownHispanicNon-Hispanic

UnknownBlack/ Afr Amer.Multi-RacialOtherWhite

5-805 Motion for Transfer Calendar Year 2017

Page 16 of 48


First Degree MurderArmed RobberyAgg. BatteryAgg. Poss. of Stolen Fir.Agg. Vehicular HijackingAgg. Crim. Sex. AssaultAgg. RobberyAnimal TortureCrim. Sexual Aslt.Robbery

7632211111

Charges

14 Year-Olds15 Year-Olds16 Year-Olds17 Year-Olds

29

56

# Youth by Age

Total 5-810 Extended Jurisdiction: 25

100%

Gender

59%

36%

5%

Race

41%

59%

Ethnicity

5-810 Extended Jurisdiction Calendar Year 2017

Non-HispanicUnknownGrand Total 22

913Male

Grand Total 2222 Black/ Afr Amer.

UnknownWhiteGrand Total 22

1813

Male UnknownNon-Hispanic

UnknownBlack/ Afr Amer.White

Page 17 of 48


Armed RobberyAgg. Vehicular HijackingAgg. RobberyFirst Degree MurderResidential BurglaryRobbery

421111

Charges


14

13

# Youth by Age

Total 5-815 Habitual Offender: 10

100%

Gender

100%

Race

100%

Ethnicity

5-815 Habitual Offender Calendar Year 2017

UnknownGrand Total 9

9MaleGrand Total 9

9 UnknownGrand Total 9

9

Male UnknownUnknown

Page 18 of 48


Agg. Vehicular HijackingArmed RobberyAgg. Unlwfl. Use of Weap.RobberyAgg. Robbery

65321

Charges


134

8

# Youth by Age

Total 5-820 Violent Offender: 17

100%

Gender

100%

Race

100%

Ethnicity

5-820 Violent Offender Calendar Year 2017


16MaleGrand Total 16

16 UnknownGrand Total 16

16

Male UnknownUnknown

Page 19 of 48


Adams CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent Juvenile

Offender and/or Habitual Offender ProvisionsCalendar Year 2017

17 Year-OldsYouth Total 1

1

# Youth by Age

17 Year-OldsCharges Total 1

1

# Charges by Age

17 Year-Olds Pred. Crim. Sex. Aslt of a Child 1

Age at Offense

20162017

Grand Total

2

1

3

Adams County All Motions Year Comparison

Calendar Year 2017 All Motions

WhiteGrand Total 1

1

Race

Pred. Crim. Sex. Aslt of a Child 1

Calendar Year: 2017 Motion Type: 5-130 Excluded Jurisdiction

2016 20171 Motions2 Motions

5-130 ExcludedJurisdictionComparison

MaleGrand Total 1

1

Gender

17 Year-Olds 1

Age

Non-HispanicGrand Total 1

1

Ethnicity

Proceedings Summary

NOTE: Individual youth may be subject to multiple proceedings/charges. Therefore, the number of proceedings/charges may exceed the number of youth in some data tables.

Page 20 of 48

Champaign CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent Juvenile


15 Year-Olds16 Year-Olds17 Year-OldsYouth Total 2

111

# Youth by Age

15 Year-Olds16 Year-Olds17 Year-OldsCharges Total 3

111

# Charges by Age

15 Year-Olds Residential Burglary16 Year-Olds Agg. Unlwfl. Use of Weap.17 Year-Olds Agg. Battery

111

Age at Offense

20162017

Grand Total

4

2

6

Champaign County All Motions Year Comparison


Black/ Afr Amer.Grand Total 2

2

Race

Agg. BatteryAgg. Unlwfl. Use of Weap.Residential Burglary 1

11

Calendar Year: 2017 Motion Type: 5-805 Motion for transfer


5-805 Motion fortransfer Comparison

MaleGrand Total 2

2

Gender

15 Year-Olds

16 Year-Olds

17 Year-Olds 111

Age


2

Ethnicity

Proceedings Summary


Page 21 of 48

Cook CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent Juvenile


14 Year-Olds15 Year-Olds16 Year-Olds17 Year-OldsYouth Total 53

2215142

# Youth by Age

14 Year-Olds15 Year-Olds16 Year-Olds17 Year-OldsCharges Total 57

2416152

# Charges by Age

14 Year-Olds Agg. Unlwfl. Use of Weap.Agg. Vehicular Hijacking

15 Year-Olds Agg. RobberyAgg. Unlwfl. Use of Weap.Armed RobberyFirst Degree MurderResidential BurglaryRobbery

16 Year-Olds Agg. BatteryAgg. KidnappingAgg. Unlwfl. Use of Weap.Agg. Vehicular HijackingArmed RobberyFirst Degree MurderInvoluntary ManslaughterRobberyUnlwfl. Use of Weap.

17 Year-Olds Agg. Crim. Sex. AssaultAgg. KidnappingAgg. RobberyAgg. Vehicular HijackingArmed RobberyFirst Degree Murder

11

119211

111621112

975111

Age at Offense

20162017

Grand Total 118

67

53

Cook County All Motions Year Comparison


UnknownBlackOtherWhiteGrand Total 20

51141

Race

Agg. BatteryAgg. Crim. Sex. AssaultAgg. KidnappingFirst Degree MurderInvoluntary ManslaughterUnlwfl. Use of Weap. 1

114212



5-130 ExcludedJurisdiction Comparison

MaleGrand Total 20

20

Gender

16 Year-Olds

17 Year-Olds 1010

Age

HispanicNon-HispanicGrand Total 20

173

Ethnicity

Proceedings Summary


Page 22 of 48

15 Year-Olds

16 Year-Olds

17 Year-Olds 219

Age


8

Race

MaleGrand Total 8

8

Gender


8

Ethnicity

15 Year-Olds

17 Year-Olds 3

5

Age


12

Race

MaleGrand Total 12

12

Gender


12

Ethnicity

Cook CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent

Juvenile Offender and/or Habitual Offender ProvisionsCalendar Year 2017

Armed Robbery

First Degree Murder 95



5-805 Motion for transferComparison

Armed Robbery


4

Calendar Year: 2017 Motion Type: 5-810 Extended Jurisdiction


5-810 ExtendedJurisdictionComparison


9

Race

MaleGrand Total 9

9

Gender

14 Year-Olds

15 Year-Olds

16 Year-Olds

17 Year-Olds 3

1

4

1

Age


9

Ethnicity

Agg. Robbery

Agg. Vehicular Hijacking

Armed Robbery

First Degree Murder

Residential Burglary

Robbery 1

1

1

4

2

1

Calendar Year: 2017 Motion Type: 5-815 Habitual Offender


5-815 HabitualOffenderComparison

NOTE: Individual youth may be subject to multiple proceedings/charges. Therefore, the number of proceedings/charges may exceed the number of youth in some data tables.NOTE: Cook County did not report data on 5-130 Excluded Jurisdiction (Automatic Transfers) motions.

Proceedings Continued

Page 23 of 48

14 Year-Olds

15 Year-Olds

16 Year-Olds

17 Year-Olds 8431

Age


16

Race

MaleGrand Total 16

16

Gender


16

Ethnicity

Cook CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent


Agg. Robbery

Agg. Unlwfl. Use of Weap.


Armed Robbery

Robbery 25631

Calendar Year: 2017 Motion Type: 5-820 Violent Offender


5-820 Violent OffenderComparison



Page 24 of 48

DeKalb CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent Juvenile



2

# Youth by Age


3

# Charges by Age

17 Year-Olds Disarming Off. or Corr. Emp.Domestic BatteryManuf. of Con. Sub. 1

11

Age at Offense

20162017

Grand Total

2

2

4

DeKalb County All Motions Year Comparison


UnknownBlack/ Afr Amer.Grand Total 2

11

Race

Disarming Off. or Corr. Emp.Domestic BatteryManuf. of Con. Sub. 1

11




MaleGrand Total 2

2

Gender

17 Year-Olds 2

Age

UnknownHispanicGrand Total 2

11

Ethnicity

Proceedings Summary


Page 25 of 48

DuPage CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent Juvenile



1

# Youth by Age


1

# Charges by Age

16 Year-Olds Attmpt. Murder 1

Age at Offense

2017Grand Total

1

1

DuPage County All Motions Year Comparison



1

Race

Attmpt. Murder 1


20171 Motions


MaleGrand Total 1

1

Gender

16 Year-Olds 1

Age


1

Ethnicity

Proceedings Summary


Page 26 of 48

Henry CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent Juvenile



1

# Youth by Age


1

# Charges by Age

17 Year-Olds Animal Torture 1

Age at Offense

2017Grand Total

1

1

Henry County All Motions Year Comparison


WhiteGrand Total 1

1

Race

Animal Torture 1


20171 Motions

5-810 ExtendedJurisdiction Comparison

MaleGrand Total 1

1

Gender

17 Year-Olds 1

Age


1

Ethnicity

Proceedings Summary


Page 27 of 48

Jackson CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent Juvenile



1

# Youth by Age


1

# Charges by Age

17 Year-Olds Escape - Failure to Report 1

Age at Offense

20162017

Grand Total

1

1

2

Jackson County All Motions Year Comparison


Multi-RacialGrand Total 1

1

Race

Escape - Failure to Report 1




MaleGrand Total 1

1

Gender

17 Year-Olds 1

Age


1

Ethnicity

Proceedings Summary


Page 28 of 48

Kane CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent Juvenile


16 Year-Olds17 Year-OldsYouth Total 4

22

# Youth by Age

16 Year-Olds17 Year-OldsCharges Total 5

32

# Charges by Age

16 Year-Olds Agg. Battery17 Year-Olds Agg. Battery

Armed RobberyRobbery

2

111

Age at Offense

20162017

Grand Total

3

4

7

Kane County All Motions Year Comparison



4

Race

Agg. BatteryArmed RobberyRobbery 1

13




MaleGrand Total 4

4

Gender

16 Year-Olds

17 Year-Olds 22

Age


4

Ethnicity

Proceedings Summary


Page 29 of 48

Kankakee CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent Juvenile



2

# Youth by Age


2

# Charges by Age

17 Year-Olds Agg. BatteryUnlwfl. Poss. of Firearms & Fir. Ammo. 1

1

Age at Offense

20162017

Grand Total

2

2

4

Kankakee County All Motions Year Comparison


1

Race

MaleGrand Total 1

1

Gender


1

Ethnicity

17 Year-Olds 1

Age



1

Ethnicity

MaleGrand Total 1

1

Gender


1

Race

Agg. Battery 1


17 Year-Olds 1

Age





Unlwfl. Poss. of Firearms & F.. 1


Proceedings Summary


Page 30 of 48

Knox CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent Juvenile



1

# Youth by Age


1

# Charges by Age

15 Year-Olds Agg. Crim. Sex. Assault 1

Age at Offense

20162017

Grand Total

2

1

3

Knox County All Motions Year Comparison



1

Race

Agg. Crim. Sex. Assault 1


20171 Motions


MaleGrand Total 1

1

Gender

15 Year-Olds 1

Age


1

Ethnicity

Proceedings Summary


Page 31 of 48

Lake CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent Juvenile



3211

# Youth by Age


3211

# Charges by Age

13 Year-Olds Agg. Crim. Sex. Abuse14 Year-Olds Agg. Crim. Sex. Assault16 Year-Olds Agg. Crim. Sex. Assault

First Degree Murder17 Year-Olds Agg. Battery

Involuntary Manslaughter

11

11

21

Age at Offense

20162017

Grand Total 14

7

7

Lake County All Motions Year Comparison

Black/ Afr Amer.OtherWhiteGrand Total 5

131

Race

MaleGrand Total 5

5

Gender


23

Ethnicity

17 Year-Olds 2

Age



2

Ethnicity

FemaleGrand Total 2

2

Gender

WhiteGrand Total 2

2

Race

Agg. BatteryAgg. Crim. Sex. AbuseAgg. Crim. Sex. AssaultFirst Degree Murder 1

211


13 Year-Olds

14 Year-Olds

16 Year-Olds

17 Year-Olds 1211

Age





Involuntary Manslaughter 2


Proceedings Summary


Page 32 of 48

Macon CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent Juvenile



1

# Youth by Age


1

# Charges by Age

15 Year-Olds Agg. Vehicular Hijacking 1

Age at Offense

2017Grand Total

1

1

Macon County All Motions Year Comparison



1

Race

Agg. Vehicular Hijacking 1


20171 Motions


MaleGrand Total 1

1

Gender

15 Year-Olds 1

Age


1

Ethnicity

Proceedings Summary


Page 33 of 48

Madison CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent Juvenile



1

# Youth by Age


1

# Charges by Age

16 Year-Olds First Degree Murder 1

Age at Offense

20162017

Grand Total

1

1

2

Madison County All Motions Year Comparison


OtherGrand Total 1

1

Race





MaleGrand Total 1

1

Gender

16 Year-Olds 1

Age

HispanicGrand Total 1

1

Ethnicity

Proceedings Summary


Page 34 of 48

McLean CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent Juvenile



11

# Youth by Age


11

# Charges by Age

16 Year-Olds Agg. Discharge of a Fir.17 Year-Olds Agg. Discharge of a Fir.

11

Age at Offense

20162017

Grand Total

3

1

4

McLean County All Motions Year Comparison



1

Race

Agg. Discharge of a Fir. 2




MaleGrand Total 1

1

Gender

16 Year-Olds

17 Year-Olds 11

Age


1

Ethnicity

Proceedings Summary


Page 35 of 48

Peoria CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent Juvenile



2121

# Youth by Age


2121

# Charges by Age

13 Year-Olds Armed Robbery14 Year-Olds Armed Robbery16 Year-Olds Unlwfl. Poss. Weap. St. Gang Mbr.17 Year-Olds Armed Robbery

1212

Age at Offense

20162017

Grand Total

1

6

7

Peoria County All Motions Year Comparison



6

Race

Armed RobberyUnlwfl. Poss. Weap. St. Gang Mbr. 1

5




MaleGrand Total 6

6

Gender

13 Year-Olds

14 Year-Olds

16 Year-Olds

17 Year-Olds 2121

Age


6

Ethnicity

Proceedings Summary


Page 36 of 48

Saline CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent Juvenile



121

# Youth by Age


121

# Charges by Age

15 Year-Olds First Degree Murder16 Year-Olds First Degree Murder17 Year-Olds Home Invasion

121

Age at Offense

20162017

Grand Total

4

4

8

Saline County All Motions Year Comparison



4

Race

First Degree MurderHome Invasion 1

3




MaleGrand Total 4

4

Gender

15 Year-Olds

16 Year-Olds

17 Year-Olds 121

Age


4

Ethnicity

Proceedings Summary


Page 37 of 48

Sangamon CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent Juvenile



321

# Youth by Age


321

# Charges by Age

14 Year-Olds Poss. of Stolen Fir.Unlwfl. Poss. Weap. St. Gang Mbr.

16 Year-Olds Armed ViolenceFirst Degree Murder

17 Year-Olds Agg. BatteryAgg. Domestic BatteryManuf. of Con. Sub.

11

11

111

Age at Offense

20162017

Grand Total

3

6

8

Sangamon County All Motions Year Comparison


2

Race

MaleGrand Total 2

2

Gender


2

Ethnicity

14 Year-Olds

16 Year-Olds

17 Year-Olds 211

Age



4

Ethnicity


31

Gender

Black/ Afr Amer.WhiteGrand Total 4

13

Race

Agg. BatteryFirst Degree Murder 1

1


16 Year-Olds

17 Year-Olds 11

Age





Agg. Domestic Battery

Armed Violence

Manuf. of Con. Sub.

Poss. of Stolen Fir.

Unlwfl. Poss. Weap. St. Gang.. 11111


Proceedings Summary


Page 38 of 48

St. Clair CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent Juvenile



3323

# Youth by Age


4423

# Charges by Age

14 Year-Olds Armed RobberyFirst Degree Murder

15 Year-Olds Agg. Vehicular Hijacking16 Year-Olds Agg. Poss. of Stolen Fir.

Agg. RobberyFirst Degree Murder

17 Year-Olds Agg. RobberyAgg. Vehicular HijackingTheft of MV Parts or Accessor.

21

2

112

211

Age at Offense

20162017

Grand Total

12

11

23

St. Clair County All Motions Year Comparison


1

Race

MaleGrand Total 1

1

Gender


1

Ethnicity

14 Year-Olds

17 Year-Olds 31

Age



31

Ethnicity

MaleGrand Total 4

4

Gender

Black/ Afr Amer.OtherGrand Total 4

13

Race



16 Year-Olds 1

Age





Agg. Robbery


First Degree Murder

Theft of MV Parts or Accessor. 2111


Proceedings Summary


Page 39 of 48

14 Year-Olds

15 Year-Olds

16 Year-Olds 322

Age


7

Race

MaleGrand Total 7

7

Gender


7

Ethnicity

St. Clair CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent


Agg. Poss. of Stolen Fir.

Agg. Robbery


Armed Robbery







Page 40 of 48

Vermilion CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent Juvenile



11

# Youth by Age


11

# Charges by Age

15 Year-Olds First Degree Murder17 Year-Olds Home Invasion

11

Age at Offense

20162017

Grand Total

2

2

4

Vermilion County All Motions Year Comparison



2

Race

First Degree MurderHome Invasion 1

1





11

Gender

15 Year-Olds

17 Year-Olds 11

Age


2

Ethnicity

Proceedings Summary


Page 41 of 48

Whiteside CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent Juvenile



2

# Youth by Age


2

# Charges by Age

15 Year-Olds First Degree Murder 2

Age at Offense

2017Grand Total

2

2

Whiteside County All Motions Year Comparison


WhiteGrand Total 2

2

Race



20172 Motions


FemaleGrand Total 2

2

Gender

15 Year-Olds 2

Age


2

Ethnicity

Proceedings Summary


Page 42 of 48

Will CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent Juvenile



4

# Youth by Age


4

# Charges by Age

17 Year-Olds Armed Robbery 4

Age at Offense

20162017

Grand Total

1

4

5

Will County All Motions Year Comparison



4

Race

Armed Robbery 4




MaleGrand Total 4

4

Gender

17 Year-Olds 4

Age


4

Ethnicity

Proceedings Summary


Page 43 of 48

Winnebago CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent Juvenile



131

# Youth by Age


131

# Charges by Age

14 Year-Olds Agg. Crim. Sex. Assault15 Year-Olds Agg. Crim. Sex. Assault

Crim. Sexual Aslt.First Degree Murder

18 Year-Olds Agg. Crim. Sex. Abuse

1

111

1

Age at Offense

20162017

Grand Total 14

9

5

Winnebago County All Motions Year Comparison

Black/ Afr Amer.WhiteGrand Total 2

11

Race

MaleGrand Total 2

2

Gender


2

Ethnicity

14 Year-Olds

15 Year-Olds 11

Age



2

Ethnicity

MaleGrand Total 2

2

Gender


2

Race

Agg. Crim. Sex. AbuseAgg. Crim. Sex. Assault 1

1


15 Year-Olds

18 Year-Olds 11

Age





Agg. Crim. Sex. Assault



Proceedings Summary


Page 44 of 48

15 Year-Olds 1

Age


1

Race

MaleGrand Total 1

1

Gender


1

Ethnicity

Winnebago CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent


Crim. Sexual Aslt. 1






Page 45 of 48

Woodford CountyProceedings to try youth as adults or apply Extended Juvenile Jurisdiction, Violent Juvenile



1

# Youth by Age


1

# Charges by Age

15 Year-Olds Burglary 1

Age at Offense

20162017

Grand Total

1

1

2

Woodford County All Motions Year Comparison



1

Race

Burglary 1




MaleGrand Total 1

1

Gender

15 Year-Olds 1

Age


1

Ethnicity

Proceedings Summary


Page 46 of 48

Appendix A

This report summarizes five types of actions a State’s Attorney may take to “transfer” a person under 18

years old to criminal (adult) court or to designate the youth as a “Violent Juvenile Offender” or “Habitual

Juvenile Offender.” This glossary provides a brief explanation of each of these action. These

definitions should not be considered exhaustive. More information is available in the Illinois Juvenile

Court Act of 1987 (705 ILCS 405/5 et seq.). As described in the introductory text, the Juvenile Court Act

was updated in January 2016 with the enactment of Public Act 99-0258.

Glossary of Motion Types:

Excluded Jurisdiction (705 ILCS 405/5-130): This section of the Juvenile Court Act provides that, if a

youth more than 16 years old is charged with one of three specified offenses, their case is automatically

“excluded” from juvenile court and shall be prosecuted under the criminal code. This is often referred to

as “automatic transfer.” The specified offenses are first degree murder, aggravated criminal sexual

assault or aggravated battery with a firearm when the youth is accused of personally discharging a

firearm. If convicted or a plea of guilty is filed, the Court shall impose a criminal sentence in accordance

with Section 5-4.5-105 of the Unified Code of Corrections.

Motion for Transfer (705 ILCS 405/5-805): There are two types of motions for transfer: Presumptive

Transfer and Discretionary Transfer.

1. A presumptive transfer motion alleges a youth 15 years of age or older committed an act

that constitutes a forcible felony and (i) the youth has previously been adjudicated

delinquent or found guilty for commission of an act that constitutes a forcible felony and

(ii) the act that constitutes the offense was committed in furtherance of criminal activity

by an organized gang. If a juvenile judge finds probable cause to believe that these

allegations are true, there is a rebuttable presumption that the youth should transferred to

the adult criminal court.

2. A discretionary transfer motion alleges a youth 13 years of age or older committed an act

that constitutes a crime under the criminal laws of Illinois. If a juvenile judge finds

probable cause to believe that these allegations are true and that it is “not in the best

interests of the public” to proceed in juvenile court, the court may transfer the case to

adult criminal court.

Extended Jurisdiction (705 ILCS 405/5-810): This petition alleges the commission by a youth 13 years

of age or older of any offense which would be a felony if committed by an adult. Upon a disposition of

guilt or guilty plea the court shall impose a juvenile sentence and an adult criminal sentence in accordance

with Section 5-4.5-105 of the Unified Code of Corrections. The execution of the adult criminal sentence

shall be stayed on the condition that the youth not violate the provisions of the juvenile sentence. These

motions are often referred to as “EJJs.” If a motion for EJJ is granted, the youth has a right to a jury trial

and, if convicted, the sentencing proceedings are open to the public.

Violent Offender (705 ILCS 405/5-820): A youth having been previously adjudicated a delinquent

minor for an offense, which had the youth been prosecuted as an adult, would have been a Class 2 or

greater felony involving the use or threat of physical force or violent against an individual or Class 2 or

greater felony for which an element of the offense is possession of use of a firearm, and who is thereafter

adjudicated a delinquent minor for the second time for any of those offenses shall be adjudicated a

Page 47 of 48

Violent Juvenile Offender (VJO). Upon a VJO adjudication, a court “shall” commit the youth to the

Department of Juvenile Justice until the youth’s 21st birthday.

Habitual Offender (705 ILCS 405/5-850): Any youth having been twice adjudicated a delinquent

minor for offenses, which had the youth been prosecuted as an adult, would have been felonies under the

laws of Illinois, and who is thereafter adjudicated a delinquent minor for a third time shall be adjudged an

Habitual Juvenile Offender (HJO). Upon an HJO adjudication, the court “shall” commit the youth to the

Department of Juvenile Justice until the youth’s 21st birthday.

Page 48 of 48

Documents

Trial and Sentencing of Youth as Adults in the Illinois ...ijjc.illinois.gov/sites/ijjc.illinois.gov/files... · (2013), the indiscriminate trial of youth as adults fails to take